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Ministry of Transportation Snowmobile Trails along the Provincial Highway
Right-of-way Guideline June 2013
Introduction
This guideline is a supplementary document to the “Snowmobile Trails along the Provincial Highway Right-of-way Policy.” It was developed to provide information to both the proponent of a snowmobile trail when considering applying to the Ministry of Transportation (MTO) for a snowmobile trail within a provincial highway right-of-way and to assist MTO staff when considering requests from snowmobile clubs/sponsors for locating snowmobile trails along the highway right-of-way.
The responsibilities of the MTO include the preservation of the safety, mobility and functionality of Ontario's provincial transportation system. In this regard, it will be incumbent upon the snowmobile trail user organization/sponsor to clearly demonstrate to the Ministry that there is a genuine need to locate along the highway right-of-way (i.e. trail is supported by a local municipal plan, trail serves as a connection to services or ties into an existing snowmobile trail system). The policy outlines criteria and policies for considering a request for a snowmobile trail along the highway right-of-way and can be found at:
http://www.mto.gov.on.ca/english/engineering/management/corridor/SnowmobileTrails-Policy-en.pdf
The snowmobile trail user organization/sponsor will need to demonstrate to MTO that alternative locations have been thoroughly explored. By contacting local landowners, outdoor clubs, utility and forestry companies and municipalities, snowmobile clubs can determine if abandoned corridors and/or unopened road allowances are possible alternative routes. The snowmobile clubs will need to provide area mapping of the trail route area and possible alternative trail locations that were considered but were not feasible.
The Guideline outlines the responsibilities of the proponents of snowmobile trails within the highway right-of-way. It includes what is required of the proponent for MTO to consider the request. MTO staff will also follow this guideline when reviewing a request for a trail to ensure MTO interests are protected.
Pre-Consultation Meeting
MTO encourages the proponent to attend a pre-consultation meeting with MTO staff.
Before the meeting date is set, the snowmobile user organization/sponsor should be aware that MTO will require certain information to be forwarded to the appropriate MTO Regional Office 10 business days before the pre-consultation meeting (see details below). Before the pre-consultation meeting, the Ministry suggests the proponent be familiar with the “Snowmobile Trails along the Provincial Highway Right-of-Way Policy” found at the link above.
The proponent should contact the MTO Corridor Management Section in the appropriate MTO Regional Office to arrange for a pre-consultation meeting and to discuss the pre-submission material. MTO suggests that both the proponent and their sponsor attend the meeting so all parties are aware of their obligations and expectations.
MTO Regional Corridor Management Office contact information can be found on the MTO public website at:
http://www.mto.gov.on.ca/english/engineering/management/corridor/district.sh tml#regional
Once the meeting date is confirmed, MTO requests that the following information be submitted 10 business days in advance of the pre-consultation meeting in order that MTO staff has an opportunity to become familiar with the details of the proposal:
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a plan of the proposed trail location and general mapping of the area (i.e. the general mapping can be used to see where alternative trail locations may be considered);
snowmobile trail blazing signing plan showing location of trail signs; snowmobile trail emergency management plan; written justification for the need to be on the highway right-of-way; and evidence in the form of correspondence from local landowners of possible
alternative trail locations in the area (i.e. forestry and utility companies, outdoor clubs, municipalities etc.) were contacted by the proponent of the trail for possible alternative routes for snowmobile trails.
The proponent of the snowmobile trail should come to the pre-consultation meeting prepared to:
demonstrate to MTO a legitimate need to be located within the highway ROW; explain the evidence that alternative locations have been considered provide the Sponsor’s name responsible for funding and insurance provide details on the map/plan of the proposed trail location. confirm that notification to all adjacent landowners where the snowmobile trail
crosses public and private entrances to the highway have been issued provide a certificate of insurance coverage provide an emergency management plan
MTO will provide the proponent with details on:
the snowmobile trail policy; the snowmobile trail guidelines; legal agreement and encroachment permit conditions; MTO Environmental Assessment requirements; “Duty to Consult” with aboriginal communities; procedures and
requirements where applicable; any supporting material (i.e. Highway Trail Crossings signs as per Ontario
Traffic Manual, Book 6, Warning Signs, Snowmobile Crossings Sign, & Table 12 (Section 8) criteria);
technical information (i.e. bridge design advice) and advice to help the proponent of the trail evaluate alternatives and develop mutually acceptable plans.
Following the pre-consultation meeting, the snowmobile trail user organization/sponsor will ensure that all material and information required by MTO for their review is provided in order for MTO staff to make their determination on whether the proposal can proceed. MTO will make every effort to ensure the proponent is aware of what is required of them. Once MTO decides whether the proposal can proceed, the proponent will be required to meet the obligations outlined in the following documents:
MTO legal agreement and encroachment permit (Appendix A); Proposed Snowmobile Trail along the Highway ROW-Environmental
Screening document (Appendix B); Consultation with First Nations document (Appendix C) Consultation with affected utility companies Proponents will also have to demonstrate that any concern of affected
utility companies has been addressed.
Safety and Liability
An important element to safe trail use is a clear understanding of what is expected of the user. To encourage users to know and practice the rules for proper trail use, trail user guidelines should be posted at trailheads by the Snowmobile Trail User Organization.
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Legal Agreement
Appendix A sets out the conditions to be fulfilled by the trail proponent prior to the approval of a snowmobile trail along the provincial highway right-of-way.
Proposed Snowmobile Trail along the Highway ROW- Environmental Screening
Appendix B outlines the steps to be followed to determine if the proposed snowmobile trail will impact upon environment and if so, the steps to be followed to mitigate that impact prior to approval by MTO.
Duty to Consult with First Nation and Métis
Appendix C provides guidelines for both the snowmobile trail user organization and MTO Ministry staff on their duty to consult with First Nation and Métis communities. These guidelines provide general information to both the trail organization and MTO staff in fulfilling their roles in undertaking First Nation and Métis consultation. The guidelines outline the different roles of the Crown (i.e. MTO) and the delegated project proponent. MTO will only issue a permit once MTO is satisfied that the Duty to Consult has been satisfied.
Trail Signing
All signing is to be in accordance to MTO Corridor Management Permits and conditions. The Trail User Organization shall be responsible for signing and markings on MTO right-of-ways. Signs cannot be placed on or adjacent to the highway right-of-way without the prior approval of the MTO. Trail crossings signs shall be in accordance to Highway Trail Crossings signs as per Ontario Traffic Manual, Book 6, Warning Signs, Snowmobile Crossings Sign, & Table 12 (Section 8) criteria. At the Ministry's discretion, the Ministry may require the removal of any signs placed.
The Snowmobile Trail User Organization will ensure the snowmobile trail route is properly delineated with trail blazers (way finders) and safety signs so snowmobiles remain along groomed routes and are able to operate in a safe manner. These include but are not limited to trail blazers and delineations signs, stop signs at driveways, intersections and crossings, speed and curve signs and any other signing necessary for the safe operation of snowmobiles along the trail.
The majority of trails in Ontario will be two-way, which requires marking for travel in both directions. Signs should be installed on the right side of the trail whenever possible and should be installed facing the direction from which snowmobiles are travelling. It is important that the signs be placed in a location that will ensure that they will be seen in a timely manner. When two or more signs are used in conjunction, the more important message to be conveyed should be in the higher position.
Design and Construction
All trails will be constructed to standards that guarantee the safety of users. Detailed drawings of any bridge/crossing structures shall be submitted to the Ministry for their review and approval. Industry approved standard designs should be used. The Ministry of Natural Resources “Snowmobile Bridge Design Guidelines (1992) can be found at:
http://www.mnr.gov.on.ca/stdprodconsume/groups/lr/@mnr/@crownland/docume nts/document/mnr_e005021.pdf
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Contact with Utility Companies
The Snowmobile Users Organization/Sponsor shall be responsible to contact the local hydro, telephone, cablevision, gas, municipal water/sewer utilities, all other utilities and the MTO in the area of the proposed trail to verify the location of their plants prior to starting construction of the trail or installing any ground mounted signs.
The Snowmobile Users Organization/Sponsor must provide all required protective measures as required by each utility when working around utilities, must obtain all required clearances prior to starting construction and adhere to all applicable statutes, regulations, and standards. If during the life of the trail encroachment, any Acts or Regulations are enacted which affect the rights and privileges granted by a permit or agreement, the said Acts and Regulations shall apply to each permit from the date they come into force.
The Snowmobile Trails User Organization /Sponsor are responsible for all costs to remove/relocate any affected utilities as may be required. The location for the relocated utility shall be determined by the MTO in consultation with the affected utility. A Ministry Encroachment Permit must be obtained by the affected utility company prior to starting any work within the highway right of way.
The Snowmobile Trails User Organization /Sponsor shall be responsible for any damages to utilities.
The Snowmobile Trails User Organization /Sponsor are prohibited from attaching any trail signs to utility poles.
In case of an emergency that requires a utility company to access the area, the Snowmobile Trails User Organization /Sponsor may be required to vacate the trail construction site or cease use of the trail until notified that the site is clear of the emergency.
In the event the trail cannot be accommodated within the highway right of way due to the existence of utilities, the Snowmobile Trails User Organization /Sponsor must consider an alternative location (i.e. municipal road, private property) for the trail.
If due to an MTO contract, a utility must be relocated and the new location of the utility interferes with the trail, the Snowmobile Trails User Organization /Sponsor may be required to abandon/remove/relocate the trail. The Snowmobile Trails User Organization /Sponsor shall not be compensated for the abandonment/removal/relocation costs of the trail.
If a utility proposes to add new plant in the vicinity of the trail or perform any maintenance of their plant, the Snowmobile Trails User Organization /Sponsor may be required to temporarily abandon use of the trail until the utility company has completed work.
Emergency Management Plan
The snowmobile trail user organization/sponsor shall develop an emergency management plan indicating how incidents on the highway right-of-way will be handled. The plan should be developed in consultation with local partners including rescue organizations (i.e. fire/police) and the Ontario Federation of Snowmobile Clubs.
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Appendix A
SNOWMOBILE TRAIL WITHIN THE PROVINCIAL HIGHWAY RIGHT-OF-WAY AGREEMENT
THIS AGREEMENT made in triplicate between:
HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF ONTARIO, REPRESENTED BY THE MINISTER OF TRANSPORTATION FOR THE PROVINCE
OF ONTARIO (the “Ministry”)
-and-
(the “Snowmobile Trail User Organization’’)
-and-
(the “Sponsor”)
WHEREAS:
A. The Snowmobile Trail User Organization has requested the Ministry’s permission to establish a trail for the purposes of snowmobiling (“Snowmobile Trail”) within the King’s Highway right-of-way (the “Highway”). The Snowmobile Trail location/locations is/are listed on the attached Schedule ”A” and shown on the attached Schedule “B”.
B. The Sponsor supports the Snowmobile Trail User Organization request to establish the Snowmobile Trail.
C. The Ministry has accepted this request with the understanding that the Ministry and the Snowmobile Trail User Organization and the Sponsor would enter into an Agreement to govern the establishment, operation and maintenance of the Snowmobile Trail.
D. The Highway is a controlled access/King’s highway under the jurisdiction and control of the Ministry and therefore the establishment of the Snowmobile Trail comes within the scope of the permit provisions of sections 2, 34(2) and 34(16), or 38(2) and 38(11), of the Public Transportation and Highway Improvement Act, R.S.O. 1990, c.P.50 as amended (the “PTHIA”).
E. The establishment of the Snowmobile Trail necessitates the design and construction of the Snowmobile Trail by the Snowmobile Trail User Organization and at the cost of the Snowmobile Trail User Organization, unless otherwise specified, inside and incidental to the corridor of the Highway.
F. It is deemed expedient under sections 2, 34(2) and 34(16), or 38(2) and 38(11) of the PTHIA to enter into this Agreement to further the establishment, operation and maintenance of the Snowmobile Trail, by the Snowmobile Trail User Organization with all design, construction, operation and maintenance costs inside and incidental to the corridor of the Highway being at the cost of the Snowmobile Trail User Organization, unless otherwise specified herein.
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NOW THEREFORE in consideration for the terms of this Agreement and the sum of ten dollars of lawful money of Canada paid by each of the parties to this Agreement to the other, the receipt whereof is hereby acknowledged, the Snowmobile Trail User Organization, the Sponsor and the Ministry agree as follows:
1.0 Standard Ministry Encroachment Permit to the Snowmobile Trail User Organization for the Snowmobile Trail
1.1 The Ministry, on the application of the Snowmobile Trail User Organization to the Ministry’s Corridor Management Section, shall issue to the Snowmobile Trail User Organization a standard Ministry Encroachment Permit under section 2 and/or 34(2)/38(2) of the PTHIA to establish the Snowmobile Trail.
1.2 Any issued section 1.1 permit is subject to the terms printed on that permit and is hereby deemed also to be subject to the terms of this Agreement.
1.3 Any Ministry permit issued under section 1.1 to the Snowmobile Trail User Organization shall have annotated on it:
This permit is subject to the terms of the Agreement between the Snowmobile Trail User Organization, the Sponsor and the Ministry.
Where there is a conflict between this Agreement and the terms and conditions contained in any permit issued to the Snowmobile Trail User Organization under section 1.1, the terms and conditions contained in the permit shall govern.
1.4 No permit shall be issued under section 1.1 prior to the delivery to the Ministry’s Corridor Management Section of:
A. an endorsement of the insurance policy for comprehensive general liability insurance provided for in section 3.5;
B. the approval of the location and design of the Snowmobile Trail; C. the approval of the environmental impact screening for the establishment and
location of the Snowmobile Trail; D. the approval of the Snowmobile Trail trail blazing signing plan; E. the approval of the Snowmobile Trail emergency management plan; and F. the Ministry receives confirmation that notification to all adjacent landowners
where the Snowmobile Trail crosses public and private entrances to the Highway have been issued, and permissions to cross private property have been received.
2.0 Term
2.1 The term of this Agreement shall be for ten (10) years commencing on November 1, 20 and ending on October 31, 20 ,
2.2 The Snowmobile Trail User Organization and the Sponsor may request a renewal of the Encroachment Permit and this ten (10) year Agreement with the Ministry for the continued use of the Snowmobile Trail and shall provide the Ministry written notice not less than sixty (60) days prior to the end of the original or any renewal term.
3.0 RESPONSIBILITIES
The Snowmobile Trail User Organization shall design, construction, maintain and operate the Snowmobile Trail to standards acceptable to the Ministry.
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3.1 The Snowmobile Trail User Organization shall ensure that all persons using the Snowmobile Trail do so in accordance with safe operating procedures, Ministry policies and the requirements of applicable legislation, including but not limited to the provisions of the Motorized Snow Vehicles Act.
3.2 The Snowmobile Trail User Organization shall carry out all maintenance required to standards acceptable to the Ministry to ensure the safe operation and use of the Snowmobile Trail including, without limitation, the removal of debris, garbage, vegetation and snow and shall carry out trail grooming within the Highway right-of-way, excluding the roadway and the shoulders.
3.3 The Snowmobile Trail User Organization shall supervise the use of the Snowmobile Trail as required, to protect the public and adjacent property owners from vandalism and other criminal acts.
3.4 The Snowmobile Trail User Organization shall indemnify and save harmless the Ministry, its officers, employees and agents from and against any and all claims, demands, costs, losses, damages, suits or other proceedings arising from the establishment, operation, maintenance or use of the Snowmobile Trail including, without limitation, loss, damage or injury to person or property, including loss of life. This provision shall survive the termination or expiry of this Agreement.
3.5 The Snowmobile Trail User Organization shall obtain and keep in force a policy or policies of comprehensive general liability insurance which will respond to claims arising from or attributable to the establishment, operation, maintenance and use of the Snowmobile Trail. The limits of insurance coverage shall not be less than $5 Million per occurrence and in the aggregate. A certificate of insurance coverage shall be submitted annually. The policy shall name Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario as an additional insured and contain a cross liability clause.
3.6 The Snowmobile Trail User Organization shall obtain prior written approval in the form of an Encroachment Permit from the Head, Corridor Management Section and shall comply with the terms and conditions therein, for work other than routine annual or periodic maintenance and grooming that is to be undertaken on the Snowmobile Trail with the right-of-way.
3.7 The Snowmobile Trail User Organization shall be responsible for trail blazing signing on the Snowmobile Trail. The Snowmobile Trail shall not place any other signs adjacent to the Highway right of-way without the prior written approval of the Head, Corridor Management Section. The Ministry may remove and dispose of any signs placed without the required approval.
3.8 The Snowmobile Trail User Organization shall be responsible for any cost associated with the design, construction, maintenance and operation of the Snowmobile Trail.
3.9 The Snowmobile Trail User Organization shall be responsible for protection of all utilities within the Highway right-of-way and any and all utility relocations (if any), that are required with respect to the construction of the Snowmobile Trail and shall be caused to be relocated by the Snowmobile Trail User Organization at no cost or obligation to the Ministry.
3.10 The Snowmobile Trail User Organization shall be responsible for any cost associated with the retirement and abandonment of the Snowmobile Trail. The work required to retire a Snowmobile Trail shall include appropriate measures for removal and/or to prevent the further use of the Snowmobile Trail as a recreational trail by other users.
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3.11 The Sponsor shall ensure that the Snowmobile Trail User Organization complies with the terms and conditions of this Agreement. The Sponsor undertakes to carry out any obligation of the Snowmobile Trail User Organization contained in this Agreement in the event the Snowmobile Trail User Organization cannot or will not do so.
3.12 The Ministry shall provide and erect the required trail warning sign(s) on or about November 1st of each year where the Snowmobile Trail crosses the Highway . The trail warning signs (Wc18) shall conform to the requirements of the Ontario Traffic Manual, Book 6, July 2001. The Ministry shall remove such signs on or about April 1st each year. [Note: Delete this section if the Snowmobile Trail does not cross the Highway].
4.0 Liability
4.1 The Ministry shall not be liable in any manner whatsoever for any loss, injury, or damage to person or property including loss of life, by whomsoever suffered, that in any way is connected to the establishment, use, maintenance or the operation of the Snowmobile Trail unless caused by the negligence or the wilful act of an employee or agent of the Ministry while acting within the scope of his or her employment or agency respectively. This provision shall survive the termination or expiry of this Agreement.
4.2 The Ministry shall not be liable for any incidental, indirect, special or consequential damages or any loss of use, revenue or profit suffered by any party arising out of or in any way connected to this Agreement. This provision shall survive the termination or expiry of this Agreement.
5.0 Termination
5.1 The Ministry may terminate this Agreement at any time without cause provided sixty (60) days written notice is given to the other parties.
5.2 The Ministry reserves the right to terminate this Agreement in the event that the Snowmobile Trail User Organization fails to fulfill any terms and conditions of this Agreement.
5.3 The Ministry may at this discretion give notice to the Snowmobile Trail User Organization of a breach of the terms and conditions of this Agreement and allow the Snowmobile Trail User Organization a reasonable period of time in which to take corrective action.
5.4 The Ministry’s rights under the provisions of sections 5.2 and 5.3 shall not in any manner be prejudiced even if the Ministry has overlooked or condoned any noncompliance with the terms and conditions of this Agreement by the Snowmobile Trail User Organization.
6.0 Ownership
6.1 The Snowmobile Trail User Organization is hereby deemed to have no right, title, or interest in the portion of the Snowmobile Trail located inside the corridor of the Highway. All that right, title, and interest (both before and after construction) of the portion of the Snowmobile Trail located inside the corridor of the Highway is hereby deemed in the Ministry.
6.2 The parties agree that all permanent facilities or structures located on the Highway right-or-way shall belong to the Ministry, unless the permanent facilities or structures are requested to be removed under the provision of section 3.9.
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7.0 Notice
7.1 Notices under this Agreement shall be in writing and sent by personal delivery, facsimile transmission ("Fax") or by registered mail. Notices by registered mail shall be deemed to have been received on the fourth business date after the date of mailing. Notices by personal delivery or by Fax shall be deemed to have been received at the time of the delivery or transmission unless delivered or transmitted on a weekend or holiday, in which case such notice shall be deemed to have been received on the next business day. In the event of an interruption in postal service, notice shall be given by personal delivery or Fax.
Subject to change by a party with written notice, notices shall be addressed as follows:
To the Ministry: Ministry of Transportation Corridor Management Section
To the Snowmobile Trail User Organization
To the Sponsor
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8.0 Assignment
8.1 The Snowmobile Trail User Organization shall not assign this Agreement without the written consent of the Ministry.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed by Their representatives who are authorized to bind their respective organization to the terms and conditions of this agreement.
MINISTRY OF TRANSPORTATION
Date
Date
(Insert Name of Snowmobile Trail User Organization) is sponsored by the Ontario
Federation of Snowmobile Clubs.
Yes
No
Date
Per: Signature
Name
Head, Corridor Management Section Title
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(Insert Name) SPONSOR
Per: Per: (Insert Name) ________________
_____________ Signature Per: _____________________________
Signature ________________
_____________ Name
_____________________________ Name
________________ _____________
Title
_____________________________ Title
________________ _____________________________
Telephone # _____________
Telephone #
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Proposed Snow Mobile Trail: Environmental Screening
SNOWMOBILE TRAIL LOCATION
HWY ETR STATION
(FROM/TO)
GIS COORDINATE
S
LOCATION (FROM/TO)
MTO PATROL
MUNICIPALIT Y
Schedule “A” To an agreement between the Ministry of Transportation and [Snowmobile Trail
User Organization]
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Proposed Snow Mobile Trail: Environmental Screening
Schedule “B” To an agreement between the Ministry of Transportation and [Snowmobile Trail
User Organization]
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Appendix B
Proposed Snowmobile Trail: Environmental Screening
CONTENTS
1. INTRODUCTION ...................................................................................................................1
2. REQUIREMENTS..................................................................................................................1
3. SUGGESTED RESOURCES ................................................................................................3
APPENDIX A: SAMPLE NOTIFICATION LETTER......................................................................6
APPENDIX B: NOTIFICATION RECORD ...................................................................................7
APPENDIX C: ENVIRONMENTAL IMPACT SCREENING REPORT ..........................................8
APPENDIX D: DECLARATION OF COMPLETION.....................................................................9
Introduction
The Ministry of Transportation (MTO), as the owner of the property within the designated Right-of-Way (ROW), is responsible for controlling the activities allowed on its property including protection of the environment.
The evaluation of each proposed trail includes identifying potential impacts to the environment, avoiding the potential impacts and applying protection measures to minimize the remaining impacts. Since other government agencies (e.g. MNR, MOE, Conservation Authority, etc.) are responsible for environmental protection legislation, consultation with those agencies is mandatory to determine if a permit or approval is required. Notification to those adjacent landowners who may be impacted by the proposed trail is also a mandatory requirement.
The environment is broadly defined in Ontario legislation as including:
air, land or water
plant and animal life, including human life
the social, economic and cultural conditions that influence the life of humans or a community
any building, structure, machine or other device or thing made by humans
any solid, liquid, gas, odour, heat, sound, vibration or radiation resulting directly or indirectly from human activities, or
any part or combination of the foregoing and the interrelationships between any two or more of them.
To satisfy MTO’s environmental requirements for the establishment of snow mobile trails within MTO’s ROW, a two-step process is necessary.
The purpose in requiring Step 1 is to ensure the local acceptance of the trail before proceeding with the MTO permit application. Step 2 includes the requirements of the permit application process.
Requirements
Step 1: To Assist MTO in Making a Decision to Consider A Trail
As per MTO’s Snowmobile Trail Policy, the Organization requesting MTO consideration for permission to establish a snow mobile trail is expected to provide certain information to assist MTO in making a decision. One requirement is a preliminary environmental screening.
The Policy requires proof of notification to the following:
Adjacent landowners and businesses Government agencies responsible for environmental protection Aboriginal communities in the area of the proposed snowmobile trail.
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Typically notification is provided by a letter to each contact describing the proposed trail, a contact name and a reasonable time limit for when those with concerns can register complaints for consideration. A sample notification letter is attached as Appendix A.
However, there are occasions when providing a notification letter may not be the most effective method. Notification can be a group meeting or telephone contacts with individuals. Regardless of the format, the Organization must provide to MTO a completed Notification Record. A template Record is provided in Appendix B.
The Organization is responsible for making a contact list using available resources. Possible notification contacts include but are not limited to:
Adjacent property owners and businesses;
Ministry of Natural Resources, District Office (species and habitat);
Local aboriginal communities (band council);
Local government (Municipality/Town – noise bylaws, connections);
Ministry of Tourism, Culture, and Sport (heritage and archaeology concern);
Conservation Authority, if exists; and
Ministry of the Environment, District Office (water, air, etc.).
Providing MTO with documentation confirming the contacts made and identifying any issues will assist MTO in making a decision to consider a snow mobile trail proposal.
Step 2: Environmental Requirements if Proceeding with an Application for a Permit
If MTO accepts a proposal to establish a snow mobile trail, a completed application for an MTO permit will be required. Completion of an Environmental Screening Report and a Letter of Declaration are considered supplementary components of the permit application.
The Organization applying for an MTO permit to establish a snow mobile trail shall be responsible for:
1. Completing an Environmental Screening Report (See Appendix C),(The Organization shall retain the services of a consultant(s) qualified on MTO’s RAQS to complete the screening.) and
2. Providing a Letter of Declaration (See Appendix D).
Staff of MTO responsible for issuing a permit will ensure that the regional environmental section has the opportunity to review the Environmental Screening component of the application before the permit is authorized. Additional information may be requested.
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Suggested Resources
To assist the permit applicant, the following general considerations are offered. See Table 1 for specific environmental examples.
MTO looks for direction from the regulatory agencies (MNR, MTCS, MOE) responsible for environmental protection.
MTO is responsible for maintaining the existing environmental landscape.
Protection measures must be acceptable to MTO and also to the government regulatory agencies responsible for environmental protection.
The overall environment in which the project/activity is located (i.e., context) should be as well understood as possible (woodlots, watercourses, residential areas, etc.). Typical information for this includes: Field visit - accurate understanding of scope of work from site and project site Communicating with regulatory agencies, MTO and adjacent property owners
– asking for assistance and information Desktop review using tools such as aerial photos (e.g. Google maps) and
property records.
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Table 1: Examples of Typical Environmental Concerns and Suggestions for Addressing Environmental Protection
Examples of Environmental Concerns Examples of Environmental Protection
Natural Environment: o disturbance of migratory bird nests
(Migratory birds often return to the same location)
o vegetation removal in context of federal Species At Risk Act (SARA) or provincial Endangered Species Act (ESA) species and habitat
o work in or around water including ditches - disruption of fish habitat, SARA and ESA habitat, and
o erosion of slopes/soil and sediment control
o windbreaks, trees and shrubs.
Locate the trail to avoid or minimize: o removal of existing nests and
vegetation o ditches, streams, creeks or any
water courses If avoidance is not possible, ensure the
trail design is acceptable to the responsible regulatory agency (MNR, CA)
Follow permitting process and comply with agency requirements e.g. Species at Risk Act and Fisheries Act Authorizations
Check with regional MTO staff for records of available environmental conditions.
Social and Commercial Environment: o emissions o noise bylaw required exemptions o private residences / recreational
(e.g., access limitations, noise), and
o commercial (e.g. access limitations, noise).
o Presence of noise barrier or berm
Ensure the adjacent property owners, municipality or local authority do not have timing restrictions.
MOE is responsible for air emissions. Discuss with the District Office.
Ensure proposed trail is on highway side of noise wall or berm
Cultural Environment: o archaeology (e.g., any excavation of
earth in the ROW) o heritage - disruption or disturbance
of cemeteries/ossuaries or traditional aboriginal land.
o heritage – modification to or damage to any bridges without prior consent
If there is any earth excavation, MTCS must be consulted.
Consult with the local aboriginal community to see if there are any concerns with the proposed trail.
MTO is required to evaluate any bridges in its ownership that are 40 years or older for heritage potential. No modifications or damage to any bridges may occur, unless the bridges are confirmed to have no heritage value.
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Designated Areas: MNR District Office and Conservation o designated wetlands Authority (if exists) should be able to help o environmentally sensitive areas identify any environmentally designated
(ESAs) areas. o other designated areas plan areas MOE may have land related information
(e.g., Niagara Escapement, Oak dealing with nearby contaminated sites for Ridges Moraine etc.) waste disposal site buffer zones or
o designated bird sanctuaries required groundwater monitoring o area of natural or scientific interest programs in the vicinity.
(ANSI), and Ensure park notification/consultation and o provincial/federal parks. mitigation requirements are met.
* Note: This Table does not include an exhaustive list of environmental concerns. Others may need to be considered.
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Appendix A: SAMPLE NOTIFICATION LETTER
<Date>
«Title» «FirstName» «LastName» «Address1» «Address2» «City», «Province» «PostalCode»
Dear «Title» «LastName»:
RE: Notification of a Proposed Snow Mobile Trail within MTO Right-of-Way
The purpose of this letter is to inform you of a snow mobile trail being proposed by <insert Name of Organization> on the MTO highway right-of-way adjacent to your property. The snow mobile trail will be used only when there is sufficient snow on the ground. Locked gates will be installed where possible, to prohibit the use of the trail during the off-season. The attached description and map provides the general proposed location of the trail and preliminary environmentally sensitive areas. If you have any concerns with the proposed trail, please contact:
If we do not hear from you by <insert date (30 days minimum)> we will proceed with the application for a permit from MTO. The final location of the trail may be different from the location shown on the map to address comments received.
Thank you for your co-operation.
Yours sincerely,
Signature
Position in the Organization
Description and map attached
c.c.
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Appendix B: NOTIFICATION RECORD Organization Making Proposal:
General Location of Proposed Trail:
Contact Information (Name, address,
phone)
Date Notified
(dd/mm/yy)
Method of Notification
Concerns Mitigation Measure
Example: MNR District Office
00/00/12 Notification Letter
Phone
potential habitat Pre-construction inventory.
Fencing to include buffer zone.
Example: Property owner 123 Nowhere Road
00/00/12 Notification Letter
Phone
Meeting on property
Crossing private driveway
Trail caution signs on approach to driveway.
Safety education to trail users.
Monitor for and repair damage to private driveway.
NOTE: Include copies of correspondence received in response to notifications.
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Appendix C: Environmental IMPACT Screening report Organization Making Proposal:
General Location of Proposed Trail:
1. Notification Record Attach a completed Notification Record (Appendix B). Include a copy of: o Each notification letter sent out; o The proposed trail description and map: o Any letters received from stakeholders; and o Any written responses to concerned stakeholders.
2. Details of the Proposed Trail Provide a brief report describing: o The environmental conditions inventory; and o How the trail will be established to avoid or mitigate environmental
impacts.
Include a detailed map showing environmental areas of concern identified through consultation including wetlands, water crossings and adjacent properties with driveways and accesses marked. The same map used for the MTO permit application can be used.
Attach copies of all specific permits/approvals/concurrences received from Regulatory Agencies.
3. Description of Maintaining the Effectiveness of Environmental Protection
Provide a plan to detail how the Organization will ensure that there is no failure of any required environmental protection. The plan should include any conditions on permits/approvals required by regulatory agencies and describe how the effectiveness of environmental protection will be reported back to MTO.
4. Contingency Plan Provide a plan to detail what steps should be followed in case of an emergency, spill, environmental damage including 24 our contact information for the Organization.
5. Retirement Plan Provide a plan to deal with the environmental impacts as a result of removal of the trail in whole or in part.
8
Appendix D: Declaration of Completion
From: Date:
To:
RE: Proposed Snowmobile Trail within MTO Right-of-Way Completion of Environmental Impact Screening
This certifies that, in our opinion, <insert Name of Organization> has completed the environmental impact screening required by MTO, has obtained all applicable permits and approvals, and is aware of the environmental protection required to establish, maintain, operate and retire the proposed snow mobile trail with MTO Right-of-Way. Any changes to proposed snow mobile trail must be brought to the attention of the ministry for consideration.
We acknowledge that the Ministry may at any time, require the lands upon which the snowmobile trail has been established and will comply with any MTO request to relocate or abandon that section of trail.
Telephone: Signature
Position in the Organization
c. Regional Environmental Section Head
9
Appendix C – Part 1
Snowmobile Trails Along the Provincial Highway Right-of-Way: First Nation and Métis Consultation
Snowmobile Trails Along the Provincial Highway Right-of-Way: Delegation of First Nation and Métis Consultation Activities
Guidelines for the Ministry of Transportation Staff
1. INTRODUCTION
This guidance document provides general information for the Ministry of Transportation (MTO) staff responsible for ensuring First Nation and Métis Consultation has been adequately completed when Snowmobile Trail User Organizations are proposing to locate snowmobile trails along the highway right-of-way (ROW). Prior to issuing a permit to allow Snowmobile Trail User Organizations to locate snowmobiles trails in the ROW, MTO has the responsibility to ensure the Crown has fulfilled its obligations to consult and, when appropriate, accommodate Aboriginal communities.
Why is it necessary to consult with Aboriginal communities?
The Government of Ontario (the Crown) has a Constitutional duty to consult and accommodate, when appropriate, Aboriginal communities – First Nation and Métis peoples - where Crown project approvals, including permit authorization, may lead to an appreciable adverse impact on established or asserted Aboriginal or treaty rights as per Section 35(1) of the Constitution Act. Therefore, before deciding whether to authorize activities, the Crown, as represented in Ontario by its ministries, must ensure that any duty to consult has been fulfilled.
While the legal duty to consult falls on the Crown, the day-to-day, procedural aspects of consultation can be delegated to project proponents. Such delegation by the Crown to proponents is routine practice.
What role do Snowmobile Trail User Organizations have to play in consultation activities?
Although the duty to consult with Aboriginal communities is the duty of the Crown, the law permits the provincial government to delegate procedural aspects of this duty to project proponents (i.e., the Snowmobile Trail User Organizations). Procedural aspects of consultation are those portions of consultation related to the process of consultation. Project proponents have a key role to play in the exchange of information related to the technical aspects of the proposed project
1
or activity with Aboriginal communities. Proponents also play an important role in discussing, arriving at, and implementing appropriate measures to avoid or minimize the potential adverse impacts of a project.
2. ROLES AND RESPONSIBILITIES
The MTO, Snowmobile Trail User Organizations, and Aboriginal communities all have a role to play in identifying concerns and minimizing impacts where possible. In order to engage effectively, all parties must act and consult in good faith.
What is the role of the Ministry of Transportation?
When procedural aspects of the Crown’s duty to consult Aboriginal communities are delegated to the Snowmobile Trail User Organizations, the MTO will: Clearly communicate that it is delegating the procedural aspects of
consultation to the Snowmobile Trail User Organization; Ensure that the Snowmobile Trail User Organization understands its
delegated roles and responsibilities; Identify which Aboriginal communities must be consulted and on what
basis Participate in the consultation process as necessary; Provide an outline of which procedural aspects of consultation are being
delegated along with any associated responsibilities; Maintain appropriate oversight of the actions taken by the Snowmobile
Trail User Organizations in fulfilling the procedural aspects of consultation; Revise as necessary the list of Aboriginal communities that must be
consulted as new information becomes available and is assessed by the Crown;
Assess the adequacy of consultation and any accommodation that is undertaken; and
Provide a contact person for the Snowmobile Trail User Organization and identified Aboriginal communities, and maintain an open line of communication to discuss consultation and any concerns with the consultation process.
What is the role of the Snowmobile Trail User Organization?
The Snowmobile Trail User Organization’s role and responsibilities will vary depending on a variety of factors including the type and scale of the proposed project, the nature of the consultation, the extent of consultation required in the circumstance and the procedural aspects of consultation that has been delegated. Not all of what is described within this document will be relevant to all projects, but is provided here as background information on what could potentially be required.
2
Where the MTO delegates procedural aspects of consultation with Aboriginal communities to a Snowmobile Trail User Organization, it is the organization’s responsibility to provide information to the communities identified within an adequate timeframe to allow feedback regarding potential impacts of the proposed trail, and in sufficient detail and clarity to inform this analysis. This information may include:
A description of the proposed project or activity; Mapping; Proposed timelines; Details regarding anticipated environmental impacts; Details regarding opportunities to comment; and Any changes to the proposed activity that have been made for seasonal
conditions or other factors.
A Snowmobile Trail User Organization may be required to:
Seek advice from the MTO on the requirements and guidance related to the delegation of procedural aspects of consultation;
Provide the Crown with copies of any consultation plans prepared, if appropriate, and an opportunity to review and comment;
Ensure that any necessary follow-up discussions with Aboriginal communities take place in a timely manner, including to confirm receipt of information, share and update information, and to address questions or concerns that may arise;
Use language that is accessible and not overly technical, and translate material into Aboriginal languages where requested or appropriate;
Bear the reasonable costs associated with these steps such as, but not limited to, community meetings to provide information about the proposal (including meeting hall rental, catering, etc.), document translation(s), etc.;
Provide the Crown with complete and accurate documentation from all meetings and communications; and
Contact the MTO immediately for further advice when an issue arises regarding Aboriginal or treaty rights. Aboriginal communities may make new rights assertions at any time and other developments, for example the discovery of Aboriginal archaeological sites, can occur that may require additional Aboriginal communities to be consulted.
What is the role of Aboriginal communities?
The MTO often seeks the following feedback from potentially affected Aboriginal communities to determine if the duty to consult has been fulfilled. Aboriginal communities should communicate their communities’ position on whether the project will impact Aboriginal or treaty rights.
3
If a community claims that an Aboriginal or treaty right will be adversely affected, communities may provide the Snowmobile Trail User Organization with:
o More detail about the treaty or Aboriginal rights that are being claimed; o An assessment of any potential adverse impacts of the proposal to
those rights; o Information on how potential adverse impacts to treaty or Aboriginal
rights have been considered; and o Information on how potential adverse impact of the proposal could be
addressed or mitigated.
The MTO can rely on the activities of the Snowmobile Trail User Organization under the delegated consultation process to discharge its duty to consult. The delegated consultation process helps to inform the decision whether or not to authorize the permit.
3. MINISTRY OF TRANSPORTATION: COMMUNITY IDENTIFICATION, REVIWEING DOCUMENTATION AND REPORTING REQUIREMENTS
Community Identification:
For advice on which communities to consult, MTO staff are encouraged to contact the Ministry of Aboriginal Affairs at: Consultation Unit 160 Bloor St. East, 9th floor Toronto, ON M7A 2E6 General Inquiry: 416-326-4740 Fax: 416-325-1066 Web Site: www.aboriginalaffairs.gov.on.ca
For further guidance, MTO’s Aboriginal Relations Branch is available to provide appropriate direction to MTO staff and can be contacted at:
Ministry of Transportation Aboriginal Relations Branch 777 Bay Street, 30th floor Phone: 416-585-7498 Toronto, ON M7A 2J8 Email: [email protected]
Reviewing Documentation and Reporting Requirements
4
The MTO is required to assess the adequacy of consultation and will therefore need evidence that the Snowmobile Trail User Organization has fulfilled the procedural aspects of consultation delegated to them. The Snowmobile Trail User Organization should provide MTO with complete and accurate documentation from meetings and communications including:
Dates of meetings, the agendas, any materials distributed, those in attendance and copies of any minutes prepared;
Description of the proposal that was shared at the meeting;
All concerns or other feedback provided by the communities;
Any information that was shared by a community in relation to its asserted or established Aboriginal or treaty rights and any potential adverse impacts of the proposed activity on such rights;
Any mitigation measures that were discussed;
Any commitments or changes proposed in response to any concerns raised;
Copies of correspondence to or from Aboriginal communities, and any materials distributed electronically or by mail;
Copies of any consultation plans prepared by the project proponent;
Information regarding any financial assistance provided by the project proponent to enable participation by Aboriginal communities in the consultation process; and
Periodic consultation progress reports or copies of meeting notes.
4. OTHER CONSIDERATIONS
Consultation Protocols
Some Aboriginal communities may have developed tools, such as consultation protocols, policies or processes that provide guidance on how they would prefer to be consulted. Project proponents should check with MTO when presented with a consultation protocol by an Aboriginal community or anyone purporting to be a representative of an Aboriginal community.
Consider Capacity
5
Due to the volume of consultation requests received and the possible limits on their human and financial resources, some Aboriginal communities find it challenging to participate in consultation activities without some support. A community may request support to make materials accessible which may include requests for third party or expert review, translation or consulting services. They may also request financial support for their participation in the consultation process.
Consult Early
When consulting with an Aboriginal community on a specific project, it is important to begin the consultation process early and recognize that Aboriginal governments may wish to consult with different groups within their communities on various issues relating to the project. Consulting early allows the communities adequate time to consider and identify concerns and allows all parties to develop solutions or mitigation measures to concerns. As a general principle, engaging early on and well before making decisions can help to avoid conflicts and delays at later stages in the project.
APPENDIX 1.0 EXAMPLE OF PROCEDURAL CONSULTATION DELEGATION
Example wording for MTO on the delegation notice to the Snowmobile Trail User Organization
On behalf of the Crown as represented by the Ministry of Transportation, please be advised that your responsibilities as Project Proponent include:
Providing notice and information about the Project to Aboriginal communities, with sufficient detail and at a stage in the process that allows the communities to prepare their views on the Project and, if appropriate, for changes to be made to the Project.
This can include providing:
o Accurate, complete and plain language information including a detailed description of the nature and scope of the Project and translations into Aboriginal languages where appropriate;
o Maps of the Project location and any other affected area(s);
o Information about the potential negative effects of the Project on the environment, including their severity, geographic scope and likely duration. This can include, but is not limited to, effects on ecologically
6
sensitive areas, water bodies, wetlands, forests or the habitat of species at risk and habitat corridors;
o Any information on the potential effects of the Project, including particularly any likely adverse impacts on established or asserted Aboriginal or treaty rights (e.g. hunting, fishing, trapping and the harvesting of wild plants) or on sites of cultural significance (e.g. burial grounds, archaeological sites);
o A written request asking the Aboriginal community to provide in writing or through a face-to-face meeting:
any information available to them that should be considered when preparing the Project documentation;
any information the community may have about any potential adverse impacts on their Aboriginal or treaty rights; and
any suggested measures for avoiding, minimizing or mitigating potential adverse impacts.
o Identification of any mechanisms that will be applied to avoid, minimize or mitigate potential adverse impacts;
o Identification of a requested timeline for response from the community and the anticipated timeline for meeting Project milestones following each notification;
o An indication of availability to discuss the process and provide further information about the Project; and
o Relevant contact information.
As the delegated proponent, responsibilities will include:
Following up, as necessary, with Aboriginal communities to ensure they received Project notices and information and are aware of the opportunity to comment, raise questions or concerns and identify potential adverse impacts on their established or asserted rights;
Gathering information about how the Project may adversely affect Aboriginal or treaty rights;
Bearing the reasonable costs associated with the procedural aspects of consultation (paying for meeting costs, making technical support available, etc.);
7
Considering reasonable requests by communities for capacity funding to assist them to participate effectively in the consultation process;
Considering and responding to comments and concerns raised by Aboriginal communities and answering questions about the Project and its potential impacts on Aboriginal or treaty rights;
As appropriate, discussing and implementing changes to the Project in response to concerns raised by Aboriginal communities. This could include modifying the Project to avoid or minimize an impact on an Aboriginal or treaty right; and
Informing Aboriginal communities about how their concerns were taken into consideration and whether the Project proposal was altered in response.
A proponent can also seek guidance from the MTO at any time during the consultation process. It is recommended that the MTO be contacted if proponents are unsure about how to deal with a concern raised by an Aboriginal community, particularly if the concern relates to a potential adverse impact on established or asserted Aboriginal or treaty rights.
8
Appendix C – Part 2
Snowmobile Trails Along the Provincial Highway Right-of-Way: First Nation and Métis Consultation
Snowmobile Trails Along the Provincial Highway Right-of-Way: Delegation of First Nation and Métis Consultation Activities
Guidelines for the Snowmobile Trail User Organizations
1. INTRODUCTION
This guidance document provides general information to the Snowmobile Trail User Organizations in fulfilling their delegated role in undertaking First Nation and Métis consultation activities. The Ministry of Transportation (MTO) is responsible for ensuring First Nation and Métis Consultation has been adequately completed when Snowmobile Trail User Organizations are proposing to locate snowmobile trails along the highway right-of-way (ROW). As delegated project proponents, Snowmobile Trail User Organizations are responsible for carrying out the procedural aspects of consultation. This guide outlines the different roles of the Crown (i.e., MTO) and the delegated project proponent.
Why is it necessary to consult with Aboriginal communities?
The Government of Ontario (the Crown) has a constitutional duty to consult and accommodate Aboriginal communities – First Nation and Métis peoples - where Crown project approvals, including permit authorization, may result in an adverse impact on established or asserted Aboriginal or treaty rights as per Section 35(1) of the Constitution Act. Therefore, before deciding whether to authorize activities, the Crown, as represented in Ontario by its ministries, must ensure that any duty to consult has been fulfilled.
While the legal duty to consult falls on the Crown, the day-to-day, procedural aspects of consultation can be delegated to project proponents. Such delegation by the Crown to proponents is routine practice.
What role do Snowmobile Trail User Organizations have to play in consultation activities?
Although the duty to consult with Aboriginal communities is the duty of the Crown, the law permits the provincial government to delegate procedural aspects of this duty to project proponents (i.e., the Snowmobile Trail User Organizations). Procedural aspects of consultation are those portions of consultation related to the process of consultation. Project proponents have a key role to play in the
9
exchange of information related to the technical aspects of the proposed project or activity with Aboriginal communities.
Proponents also play an important role in discussing, arriving at, and implementing appropriate measures to avoid or minimize the potential adverse impacts of a project.
2. ROLES AND RESPONSIBILITIES
The MTO, Snowmobile Trail User Organizations, and Aboriginal communities all have a role to play in identifying concerns and minimizing impacts where possible. In order to engage effectively, all parties must act and consult in good faith.
What is the role of the Ministry of Transportation?
When procedural aspects of the Crown’s duty to consult Aboriginal communities are delegated to the Snowmobile Trail User Organizations, the MTO will: Clearly communicate that it is delegating the procedural aspects of
consultation to the Snowmobile Trail User Organization; Ensure that the Snowmobile Trail User Organization understands its
delegated roles and responsibilities; Identify which Aboriginal communities must be consulted and on what
basis Participate in the consultation process as necessary; Provide an outline of which procedural aspects of consultation are being
delegated along with any associated responsibilities; Maintain appropriate oversight of the actions taken by the Snowmobile
Trail User Organizations in fulfilling the procedural aspects of consultation; Revise as necessary the list of Aboriginal communities that must be
consulted as new information becomes available and is assessed by the Crown;
Assess the adequacy of consultation and any accommodation that is undertaken; and
Provide a contact person for the Snowmobile Trail User Organization and identified Aboriginal communities, and maintain an open line of communication to discuss consultation and any concerns with the consultation process.
What is the role of the Snowmobile Trail User Organization?
The Snowmobile Trail User Organization’s role and responsibilities will vary depending on a variety of factors including the type and scale of the proposed project, the nature of the consultation, the extent of consultation required in the
10
circumstance and the procedural aspects of consultation that has been delegated. Not all of what is described within this document will be relevant to all projects, but is provided here as background information on what could potentially be required.
Where the MTO delegates procedural aspects of consultation with Aboriginal communities to a Snowmobile Trail User Organization, it is the organization’s responsibility to provide information to the communities identified within an adequate timeframe to allow feedback regarding potential impacts of the proposed trail, and in sufficient detail and clarity to inform this analysis. This information may include:
A description of the proposed project or activity; Mapping; Proposed timelines; Details regarding anticipated environmental impacts; Details regarding opportunities to comment; and Any changes to the proposed activity that have been made for seasonal
conditions or other factors.
A Snowmobile Trail User Organization may be required to:
Seek advice from the MTO on the requirements and guidance related to the delegation of procedural aspects of consultation;
Provide the Crown with copies of any consultation plans prepared, if appropriate, and an opportunity to review and comment;
Ensure that any necessary follow-up discussions with Aboriginal communities take place in a timely manner, including to confirm receipt of information, share and update information, and to address questions or concerns that may arise;
Use language that is accessible and not overly technical, and translate material into Aboriginal languages where requested or appropriate;
Bear the reasonable costs associated with these steps such as, but not limited to, community meetings to provide information about the proposal (including meeting hall rental, catering, etc.), document translation(s), etc.;
Provide the Crown with complete and accurate documentation from all meetings and communications; and
Contact the MTO immediately for further advice when an issue arises regarding Aboriginal or treaty rights. Aboriginal communities may make new rights assertions at any time and other developments, for example the discovery of Aboriginal archaeological sites, can occur that may require additional Aboriginal communities to be consulted.
11
What is the role of Aboriginal communities?
The MTO often requires the following feedback from potentially affected Aboriginal communities to determine if the duty to consult has been fulfilled. Aboriginal communities should communicate their communities’ position on whether the project will affect Aboriginal or treaty rights.
If a community claims that an Aboriginal or treaty right will be adversely affected, communities may provide the Snowmobile Trail User Organization with:
o More detail about the treaty or Aboriginal rights that are being claimed; o An assessment of any potential adverse impacts of the proposal to
those rights; o Information on how potential adverse impacts to treaty or Aboriginal
rights have been considered; and o Information on how potential adverse impact of the proposal could be
addressed or mitigated.
The MTO can rely on the activities of the Snowmobile Trail User Organization under the delegated consultation process to discharge its duty to consult. The delegated consultation process helps to inform the decision whether or not to authorize the permit.
3. SNOWMOBILE USER ORGANIZATIONS: PROCEDURAL ASPECTS OF CONSULTATION
The procedural aspects of consultation that can be delegated to the Snowmobile Trail User Organization may include:
Providing notice about the project to the Aboriginal communities identified by the MTO for consultation;
Supplying information and adequate time to comment on the potential impacts of the project, particularly any likely adverse impacts on established or asserted Aboriginal or treaty rights or any impacts on lands known or reasonably suspected to have been traditionally occupied by an Aboriginal community;
Providing information about the project with sufficient detail and at a stage in the process that allows the Aboriginal communities to prepare their views on the project and, if appropriate, for those views to be incorporated into the project. This can include:
→ providing accurate, complete and plain language information or project descriptions, including translations into Aboriginal languages where appropriate;
12
→ maps of any affected area(s); and
→ information on timelines and the project approval process.
Gathering information about how the project may adversely impact the Aboriginal and/or treaty rights of the Aboriginal communities identified by the Crown for consultation;
Following up, as necessary, with Aboriginal communities to ensure they received project information and are aware of the opportunity to comment, raise questions or concerns and identify potential adverse impacts on their established or asserted rights;
Responding to concerns and answering questions about the project and its potential impacts on Aboriginal and/or treaty rights;
Considering comments and concerns provided by Aboriginal communities; and
As appropriate, discussing and implementing changes to the project in response to concerns raised by Aboriginal communities.
Developing a Consultation Plan
A Consultation Plan is a framework that sets out how consultation with Aboriginal communities will happen. It sets out the steps for consultation activities, structures timelines, and organizes information, including information on how feedback from Aboriginal communities will be considered and incorporated into the project.
The plan should provide background information on the project and affected Aboriginal communities, set out the steps for consultation with the communities, provide a timeline for each activity, and provides contact information of all parties involved.
In developing the Consultation Plan, it is highly recommended that Snowmobile Trail User Organizations consider the perspectives of the First Nations and Métis communities by including them in the preparation of the plan. For instance, some communities may already have their own established consultation protocols and guides reflecting how they would prefer to structure conversations. These can be used as a starting point for the Consultation Plan.
13
Providing Project and Consultation Background
Background information should come near the beginning of the Consultation Plan and should include a brief summary of the proposed project, a list identifying the parties to the consultation, and other relevant information. The parties include directly affected communities, potentially affected communities, as well as groups/agencies representing Aboriginal interests. Other pieces of information that can be included are a brief overview of the potential impacts of the project, the goals and objectives of consultation, and the foreseen challenges that might affect the consultation process (e.g. geography, seasonal activities, language, etc.).
Outlining Consultation Steps and Processes
For each community being consulted, the Consultation Plan should set out the main steps of how consultation and engagement will be carried out. In other words, a consideration of how information will be provided to the community and how information on potentially affected rights should be addressed. Examples of such activities could include holding public forums, individual meetings, and follow-up discussions, giving progress updates, making documents available to the community, etc. As consultation is ongoing processes throughout a project, a consideration of a report back to the community on project developments, updates, and community responses should also be provided. This could include a description of the action(s) that will be taken if new developments arise, the processes for responding to information/technical/capacity requests, and the process for responding to community concerns.
It is recommended that the Consultation Plan provide opportunities to the affected communities for individual meetings, if so desired, to discuss specific issues and concerns related to the project. Each of these consultation activities should be accompanied by a rough timeline or a tentative schedule of when and how they will be carried out. However, it is also important to recognize that plans should be flexible to allow for changes in both process and timelines. Be sure to keep a documentation of the individual concerns of each of the affected Aboriginal communities.
Keeping a Consultation Record
It is important that the Snowmobile Trail User Organization keep detailed records of all consultation activities. The delegated consultation process helps to inform the decision whether or not to permit or approve a snowmobile trail in the ROW.
14
The Snowmobile Trail User Organization will provide complete and accurate documentation from all meetings and communications. For example:
The date of meetings, the agendas, any materials distributed, those in attendance, and copies of any minutes prepared;
The description of the proposed work that was shared at the meeting;
All concerns or other feedback provided by the communities;
Any information that was shared by a community in relation to its asserted or established Aboriginal or treaty rights and any potential adverse impacts of the proposed activity;
Any mitigation measures that were discussed;
Any commitments or changes proposed by the project proponent in response to any concerns raised;
Copies of correspondence to or from Aboriginal communities, and any materials distributed electronically or by mail;
Copies of any consultation plans prepared by the project proponent;
Information regarding any financial assistance provided by the project proponent to enable participation by Aboriginal communities in the consultation process;
Periodic consultation progress reports or copies of meeting notes; and
Summary of how the delegated aspects of procedural consultation were carried out and the results.
When Snowmobile Trail User Organizations are undertaking delegated consultation activities with Aboriginal communities, the focus should be on identifying and addressing any potential adverse impacts that may arise from the proposed activity.
15
4. OTHER CONSIDERATIONS
Consultation Protocols
Some Aboriginal communities may have developed tools, such as consultation protocols, policies or processes that provide guidance on how they would prefer to be consulted. Project delegates should check with MTO when presented with a consultation protocol by an Aboriginal community or anyone purporting to be a representative of an Aboriginal community.
Consider Capacity
Due to the volume of consultation requests received and the possible limits on their human and financial resources, some Aboriginal communities find it challenging to participate in consultation activities without some support. A community may request support to make materials accessible which may include requests for third party or expert review, translation or consulting services. They may also request financial support for their participation in the consultation process.
Consult Early
When consulting with an Aboriginal community on a specific project, it is important to begin the consultation process early and recognize that Aboriginal governments may wish to consult with different groups within their communities on various issues relating to the project. Consulting early allows the communities adequate time to consider and identify concerns and allows all parties to develop solutions or mitigation measures to concerns. As a general principle, engaging early on and well before making decisions can help to avoid conflicts and delays at later stages in the project.
16
APPENDIX 1.0 SAMPLE EXAMPLE NOTIFICATION LETTER
<Date>
«Title» «FirstName» «LastName» «Name of First Nation/ Metis Communtiy» «Address1» «Address2» «City», «Province» «PostalCode»
Dear «Title» «LastName» [e.g., First Nation Chief, Band Council Representative, Tribal Council Representative] :
RE: Notification of a Proposed Snow Mobile Trail within MTO Right-of-Way
The purpose of this letter is to inform you that [insert name of club] is seeking a permit from the Ministry of Transportation (MTO) to locate a snow mobile trail on the MTO highway right-of-way located at <insert location>. The snow mobile trail will be used only when there is sufficient snow on the ground. Locked gates will be installed where possible, to prohibit the use of the trail during the off-season. The attached description and map provides the general proposed location of the trail. If you have any concerns with the proposed trail, please contact:
The final location of the trail may differ from the currently proposed location as shown on the table/map. The proposed trail may change to address any potential impacts identified. If you have any questions about this letter or require any additional information please do not hesitate to contact me directly.
Yours sincerely,
Signature
Position in the Organization
17
APPENDIX 2.0 EXAMPLE OF NOTIFICATION RECORD
Organization Making Proposal:
General Location of Proposed Trail:
Contact Information
(Name, address, phone)
Date Notified
(mm/dd/yy)
Method of Notificatio
n
Concerns Mitigation Measure
Outcome
Example: First Nation Community 1
01/02/13 Notification Letter
Trail located adjacent to reserve.
Membership into Snowmobile
First Nation in agreement with approach.
02/03/13 Phone
First
Club for First Nation community
03/04/13 Nation community meeting
members.
Example: 02/02/13 Notification Trail located Trail caution First Nation in First Nation Letter near First signs on agreement with Community 2 Nation approach to approach.
02/25/13 Phone community access points for
First Nation community.
03/04/13 First Nation Community Meeting
hunting and fishing.
Safety education to trail users on respecting First Nation hunting and fishing rights.
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APPENDIX 3.0 DECLARATION OF COMPLETION
From: Date:
To:
RE: Proposed Snow Mobile Trail within MTO Right-of-Way Completion of First Nation and/or Métis Consultation
This certifies that, in our opinion, <insert Name of Organization> has completed the
delegated procedural aspects of First Nation and/or Métis consultation required by MTO. We have notified all identified Aboriginal communities and have mitigated as appropriate to the best of our ability any potential concerns regarding the establishment, maintenance, and operation of the proposed snow mobile trail within the MTO Right-of-Way.
Telephone: Signature
Position in the Organization
19